Consent Agenda Item 1.g March 20-21, 2019 Board Meeting

Case No. 18CW3230 (Water Division 1); The Consolidated Mutual Water Company Summary of Water Court Application This is an Application for change of water rights. Staff Recommendation Staff recommends that the Board ratify the filing of a Statement of Opposition filed on behalf of the Board in February 2019 to protect CWCB’s instream flow water rights. CWCB Instream Flow Water Rights The CWCB holds instream flow water rights, including the following water right in Water Division 1 in the Clear Creek Watershed, that could be injured by this application:

Case Number Stream

Upper Terminus

Lower Terminus CFS Rate (Dates) Approp. Date

95CW0256

Fall River confl unnamed tributary

~ 200 yards u/s confl Clear Creek

5.25 (5/1 - 9/30) 2 (10/1 - 4/30)

07/24/1995

Potential for Injury

• The extraterritorial use for the changed water rights cannot be evaluated because the type of use and the place of use includes undefined locations including “by contract with others.” Without protective terms and conditions, these uses could injure the CWCB’s instream flow water rights.

• Applicant’s claim to reuse or successively use to extinction requires proper quantification techniques to assure dominion and control of any water to be captured and reused after each successive use in time, place and amount. Re-diversion points for return flows include but are “not limited to” points and structures identified in the water court application.

Other Objectors Statements of Opposition were also filed by City and County of Denver Board of Water Commissioners and Parks and Recreation, City of Arvada, City of Aurora, City of Englewood, City of Lakewood, City of Northglenn, City of Thornton, City of Westminster, Coors Brewing Company, Farmers' High Line Canal Reservoir Company, Public Service of Colorado, State and Division Engineers Office, The Agricultural Ditch and Reservoir Company and The Golden Canal and Reservoir Company, The Brighton Ditch Company, United Water and Sanitation District, West Lakeridge Farm Ltd., and Western Mutual Ditch Company. Attorney Representing CWCB Marc D. Sarmiento, Assistant Attorney General, is assigned to this case and can be contacted at marc.sarmiento@coag.gov, or 720-508-6429.

#0

#0

#0

#0

#0

#0

#0

#0#0

#0

#0

#0

#0

#0

Agricultural Ditch

#

Main Reservoir

#East Reservoir #

Smith Reservoir

Welch Ditch

#

Loch Lomond Group of Reservoirs

#

Fall River Group of Reservoirs

##Long Lake Reservoir (Upper & Lower)

Fall River ISF 95CW0256 (Water Division 1)

Arvada

Lakewood

Denver

Westminster

Broomfield

Golden

Wheat Ridge

Louisville

Superior

Morrison

Littleton

Central City

Nederland

Black Hawk

Sheridan

Lafayette

Georgetown

Idaho Springs

Boulder

EdgewaterEmpire

Lakeside

2

16

45

37¹March 20-21, 2019 CWCB Board MeetingConsent Agenda Item 1.g: Statement of OppositionCase No. 18CW3230 (Water Divison 1)The Consolidated Mutual Water Company

0 3 61.5Miles

Attachment Consent Agenda Item 1.g

March 20-21, 2019

DISTRICT COURT, WATER DIVISION 1, COLORADO DECEMBER 2018 WATER RESUME PUBLICATION TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN WATER DIV. 1 Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications and certain amendments filed in the Office of the Water Clerk during the month of DECEMBER 2018 for each County affected. . . .